Beemis v. Wylie
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth County. Replevin, for a cow alleged to bave been taken by tbe defendant, April 22d, 1861, from tbe possession of tbe plaintiff, wbo bad levied upon tbe same as a constable on tbe 18tb of tbe same month, on an execution against one Nickerson, under a judgment against Nickerson in favor of one Bullen, rendered by Z. B. Burke, Esq., a justice of tbe peace in said county.
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APPEAL from tbe Circuit Court for Walworth County. Replevin, for a cow alleged to bave been taken by tbe defendant, April 22d, 1861, from tbe possession of tbe plaintiff, wbo bad levied upon tbe same as a constable on tbe 18tb of tbe same month, on an execution against one Nickerson, under a judgment against Nickerson in favor of one Bullen, rendered by Z. B. Burke, Esq., a justice of tbe peace in said county. Tbe defendant answered that tbe right of possession of said cow bad been adjudged by Lot. Mayo, Esq., a justice of tbe peace in said county, to be in said Nickerson; that defendant as…
1Opinion of the Court
By the Courts
DixoN, C. J.
The decision in the court below turned entirely upon the effect of the judgment of justice Mayo in the action of Nickerson v. Bullen and Beemis; and that is the only question here. The circuit court held that the judgment was valid, and that the plaintiff was estopped. We are inclined to the contrary opinion! It seems to us that such a judgment cannot be sustained and that it is void. The action was replevin, and the statute required the justice to find the value of the property and that the plaintiff was entitled to the possession, and to assess his damages for the…
2Cases cited2 opinions
- Monnell v. WellerNew York Supreme Court · 1806
- Nellis v. TurnerNew York Supreme Court · 1847
3Cited by16 opinions
- Rose v. SchantzWisconsin Supreme Court · 1972
- State v. VicarsNebraska Supreme Court · 1980
- Phipps v. TaylorOregon Supreme Court · 1887
- State v. BasurtoCourt of Appeals of Kansas · 1991
- Smith v. BahrWisconsin Supreme Court · 1885
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